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Bombay High CourtAPPLN/2974/2015disposed off

Pankaj S/O Vilas Bhand v. The State Of Maharashtra

2015-06-29Hon'Ble Shri Justice V.M. Deshpande3 pages

1 appln2974-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2974 OF 2015 Pankaj s/o Vilas Bhand Age 22 years, Occupation: Student R/o Dahegaon Bolka Taluka Kopargaon Dist. Ahmednagar ... Applicant

Versus

The State of Maharashtra Through Police Station Shrirampur, Dist. Ahmednagar ... Respondent Mr. K. B. Autade, Advocate for the applicant Mr. U. S. Mote, APP for the Respondent-State.

CORAM

:

V. M. DESHPANDE, J.

DATE :

29th June, 2015 PER COURT :

1.

Heard Mr. K. B. Autade, learned counsel for the applicant and Mr. U. S. Mote, learned Additional Public Prosecutor for the State. 2.

The applicant Pankaj is behind bars in connection with Crime No. I-54/2015 registered with Police Station Shrirampur, District Ahmednagar for the offences punishable under Sections 376, 504, 507 of the Indian Penal Code, 1860.

3.

Age of the present applicant is 22 years, whereas age of prosecutrix is 24 years. From the first information report it is clear that 1/3

2 appln2974-15 in 2012, the prosecutrix was working at Tata AIG as HR Assistant, where she came in contact with the present applicant. According to the first information report, intimacy was developed between them. Sum and substance of the first information report is that on the promise of marriage the applicant has established sexual relations with the prosecutrix and thereafter he has turned around. 4.

The prosecutrix is major. Not only major, she is educated woman and was working as HR Assistant in Tata AGI. It is hard to believe at least prima facie that on the promise of marriage she will allow the present applicant to establishment sexual relation. Investigation is completed and charge is framed. The applicant is in jail sine 26.04.2015. The applicant need not remain in jail any further. Hence I pass following order:

O R D E R

i.

Criminal Application No. 2974 of 2015 is allowed. ii.

Applicant Pankaj s/o Vilas Bhand shall be released on bail bail in connection with Crime No. I-54/2015 registered with Police Station Shrirampur, District Ahmednagar for the offences punishable under Sections 376, 504, 507 of the Indian Penal Code, 1860 on his executing P.R. Bond of Rs.25000/- (Rs. Twenty Five Thousand only) with one solvent 2/3

3 appln2974-15 surety in the like amount. Bail before the trial Court. iii.

The applicant shall not contact the prosecutrix nor shall exert any type of influence over her.

iv.

With this the application is disposed of.

(V. M. DESHPANDE, J. ) JPC 3/3